Legal Question in Family Law in Louisiana

Relinquishing a father's parental rights

A friend of mine has 3 children from a man who she has not been with in 4 years. The father abused her and her children and continues to stalk and threaten her. She is not getting remarried any time soon. The father has not had anything to do with the children in years and she has had a restraining order against him. She wished to take away his parental rights. He has not paid any child support ever I don't think and it is in the children's best interest just to have him out of their lives. We live in Louisiana. Please advise.


Asked on 9/24/01, 6:25 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Relinquishing a father's parental rights

Since the father has not seen the children in years, what purpose is served by attempting to terminate his parental rights? He'll get to legally be near the mother, which it seems she does not want.

Since she is divorced from him (you said she is not getting remarried any time soon), she should have a custody order which limits his access to the children. I assume she has such an order and that it includes an order for child support.

If she is willing to go to court with him, then she should ask for the back support, plus termination of his parental rights, or if the court will not terminate, then ask the court to deny him visitation.

Since you, she and the kids live together, the circumstances of your relationship with the mother and kids might affect the court's decision in a termination action.

If the mother has found someone she plans to marry some time in the future, it would strengthen her case if she marries now, and has the step-father file to adopt.

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Answered on 11/06/01, 3:31 pm


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